Is a jury allowed to find that a two-by-four constitutes a deadly weapon without expert testimony?

California, United States of America


The following excerpt is from People v. Royal, E060820 (Cal. App. 2015):

Finally, defendant argues that a jury should not be allowed to find that a two-by-four constitutes a deadly weapon without expert testimony. He cites no case actually holding that expert testimony is required. The weight and solidity of a two-by-four, and the amount of strength that can be exerted by a man wielding such a weapon, are matters within common knowledge. The two-by-four itself was in evidence. Thus, expert testimony was not required. (See People v. Madaris (1981) 122 Cal.App.3d 234, 240, disapproved on unrelated grounds in People v. Barrick (1982) 33 Cal.3d 115, 127.)

Other Questions


Does a jury's acquittal of an assault with a deadly weapon constitute an acquittal on the assault charge or a finding of not guilty of assault with deadly weapon? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
Does a jury have to consider the definition of "deadly weapon" in their instructions to the jury on the crime of assault with a deadly weapon? (California, United States of America)
Is a conviction for assault with a deadly weapon reduced from assault with deadly weapon to simple assault? (California, United States of America)
Does the fact that expert testimony may be available at trial require defense counsel to consult the experts or present their testimony at trial? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
Does the constitutional amendment to the constitution allow the court to comment on the evidence and testimony and credibility of any witness? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
What constitutes an assault with a deadly weapon? (California, United States of America)
Can counsel consult with a medical expert and determine no favorable testimony would result if the expert was called as a witness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.